Houston area daycare being sued for leaving 4-year-old in hot car

A lawsuit has been filed against Star Kiddos Childcare Center, alleging the daycare endangered Brandy Jones's 4-year-old son’s life by violating safety regulations and leaving the child in a hot van.

The lawsuit, filed with the assistance of The Button Law Firm, claims that a van driver from the facility left her son in a daycare van for approximately two hours on May 24, 2023.  According to the complaint, Jones' son fell asleep during transportation from Star Kiddos Childcare Center to his elementary school. The driver allegedly failed to ensure that all children had exited the van upon arrival at the school, returning to the daycare with the boy still inside.

According to the court document, the child woke up two hours later, scared and confused, in the sweltering van. He was able to get out on his own and went inside the daycare himself. 

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Jones learned of the incident when her son’s elementary school called to report his late arrival. She immediately contacted the daycare center, where caregivers allegedly attempted to cover up the incident by offering her two and a half weeks of free childcare to dissuade her from reporting it to authorities. Initially, Star Kiddos Childcare Center allegedly admitted they were unaware the 4-year-old was left in the van until he walked into the daycare, before claiming they were aware he had fallen asleep in the van but were unable to contact Jones by the time the school called her.

The lawsuit further claims that Star Kiddos Childcare Center provided false information in a state-mandated daycare incident report following Jones’ notification to state and local law enforcement.

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"The thought of my son being left in a sweltering van without anyone knowing is a nightmare no parent should have to experience," Jones stated. "It is common knowledge leaving children in hot vehicles can turn fatal, especially with Houston’s summer temperatures. Star Kiddos Childcare Center put my son’s life at risk."

An investigation by the Texas Health and Human Services Commission Child-Care Licensing Division and the Texas Department of Family and Protective Services confirmed Jones’ allegations. The investigation cited Star Kiddos Childcare Center for leaving the boy in the van, failing to notify Jones of the incident, and not following state laws requiring drivers to account for all children at drop-off points. The driver also reportedly turned off the van's safety alarm.

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A review of the daycare’s safety record revealed 39 additional violations between October 2020 and October 2023, including one issued five months after the May 2023 incident.

"Star Kiddos Childcare Center blatantly ignored key childcare transportation laws that were created to prevent dangerous heat-related incidents like what happened to Ms. Jones’ son," said Russell Button, the daycare injury lawyer representing Jones and her son. "The daycare center’s response to leaving the child in the van is telling. We are committed to holding the center accountable for its gross oversight and endangering the life of an innocent child."